Kitsou, Ioanna

2015-09-27T06:05:11Z

https://repository.ihu.edu.gr//xmlui/handle/11544/669

Geographic indications and their protection according to greek law, EU law and international conventions

Foreign trade regulation--Law and legislation

Industrial property (International law)

Patent laws and legislation

en

http://creativecommons.org/licenses/by-nc/4.0

2013-12

A geographical indication (GI) is a sign used on goods that have a specific geographical origin and possesses qualities, reputation or characteristics that are essentially attributable to that origin. GIs are protected in accordance with international treaties and national laws under a wide range of concepts, including laws specifically for the protection of geographical indications or appellations of origin, trademark laws in the form of collective marks or certification marks, laws against unfair competition, consumer protection laws, or specific laws or decrees that recognize individual GIS. The reasons for their protection are various. GIs are important assets for producers as they offer them competitive marketplace advantages, by turning commoditized products into quality products with special characteristics, offering them improved market access, while on the other hand minimizes “search costs” for consumers, as well as contribute to the fostering of cultural identity of local civilizations. The international instruments that provide for the protection of GIs are, the Paris convention 1883 for the protection of industrial property, the 1891 Madrid agreement, the 1958 Lisbon agreement and finally the 1994 WTO TRIPS agreement. Protection granted through these instruments has been translated into complex national systems of protection, differing from one country to another, with a difficulty to recognize and protect GIs sufficiently. That is why WTO members want to extent the enhanced protection already provided for wines and spirits through TRIPS, to other goods as well and countries- members of Lisbon Agreement want a new revised Lisbon Agreement in order to attract new participants. On the other hand the EU provides for a complete sui generis system of protection, which recognizes GIs, registers them according to their specifications as first class and second class quality schemes (Protected Designations of Origin, Protected Geographical Indications, Traditional Speciality Guaranteed) and protects them broadly against any false or misleading indication or any misuse, imitation or evocation or any other practise liable to mislead the consumer.Greece does not have a legal tradition protecting GIs. Recognition and protection of GIs has been developed recently under the EU sui generis system of register, especially after the adoption of the 510/2006 Regulation on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, following the example of powerful European countries (Italy, France, Germany) who have been eagerly registering their products, with significant economic results. Greece has currently registered 100 geographical indications and the GI sector in Greece accounts for 9.5% of the food and drinks sector, in terms of sale value.

Stamatoudi, Dr. Eirini

Farrand, Dr Benjamin

School of Economics, Business Administration and Legal Studies,MA in Art, Law and Economy

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